Smith framework (Michigan) · Go Syfert
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Smith framework in Michigan

41 Michigan opinions name it 2 courts 1987–2026 9 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Smith v. Khourigreen
mich · 2008 · cited in 13 Michigan opinions naming this issue, 2011–2025
2 sentences

2025Under the Smith framework, a trial court begins its analysis by “determining the fee customarily charged in the locality for similar legal services” based on “reliable surveys or other credible evidence of the legal market.” Smith, 481 Mich at 530-531 (quotation marks and citations omitted).

2025Under the Smith framework, a trial court begins its analysis by “determining the fee customarily charged in the locality for similar legal services” based on “reliable surveys or other credible evidence of the legal market.” Smith, 481 Mich at 530-531 (quotation marks and citations omitted).

913
Pirgu v. United Services Automobile Associationgreen
mich · 2016 · cited in 8 Michigan opinions naming this issue, 2017–2023
2 sentences

2023This framework is also known as the “Smith/Pirgu factors,” and it applies in determining reasonable attorney fees under FOIA and other fee-shifting statutes or rules. 18 See Pirgu, 499 Mich at 278 (recognizing that Smith refined the framework that courts apply for fee-shifting statutes or rules); Smith, 481 Mich at 535 (opinion by TAYLOR, C.J.) (stating that the framework “provide[s] a workable, objective methodology for assessing reasonable attorney fees that Michigan courts can apply consistently to our various fee- shifting rules and statutes”); see also Coblentz v Novi, 485 Mich 961 (2009)

2023This framework is also known as the “Smith/Pirgu factors,” and it applies in determining reasonable attorney fees under FOIA and other fee-shifting statutes or rules. 18 See Pirgu, 499 Mich at 278 (recognizing that Smith refined the framework that courts apply for fee-shifting statutes or rules); Smith, 481 Mich at 535 (opinion by TAYLOR, C.J.) (stating that the framework “provide[s] a workable, objective methodology for assessing reasonable attorney fees that Michigan courts can apply consistently to our various fee- shifting rules and statutes”); see also Coblentz v Novi, 485 Mich 961 (2009)

58
Coblentz v. City of Novigreen
mich · 2009 · cited in 3 Michigan opinions naming this issue, 2015–2023
2 sentences

2023This framework is also known as the “Smith/Pirgu factors,” and it applies in determining reasonable attorney fees under FOIA and other fee-shifting statutes or rules. 18 See Pirgu, 499 Mich at 278 (recognizing that Smith refined the framework that courts apply for fee-shifting statutes or rules); Smith, 481 Mich at 535 (opinion by TAYLOR, C.J.) (stating that the framework “provide[s] a workable, objective methodology for assessing reasonable attorney fees that Michigan courts can apply consistently to our various fee- shifting rules and statutes”); see also Coblentz v Novi, 485 Mich 961 (2009)

2023This framework is also known as the “Smith/Pirgu factors,” and it applies in determining reasonable attorney fees under FOIA and other fee-shifting statutes or rules. 18 See Pirgu, 499 Mich at 278 (recognizing that Smith refined the framework that courts apply for fee-shifting statutes or rules); Smith, 481 Mich at 535 (opinion by TAYLOR, C.J.) (stating that the framework “provide[s] a workable, objective methodology for assessing reasonable attorney fees that Michigan courts can apply consistently to our various fee- shifting rules and statutes”); see also Coblentz v Novi, 485 Mich 961 (2009)

23
Augustine v. Allstate Insurancegreen
michctapp · 2011 · cited in 3 Michigan opinions naming this issue, 2014–2015
2 sentences

2015And, although it did so in dicta, the panel in Augustine v Allstate Ins Co, 292 Mich App 408, 429, 434-436 ; 807 NW2d 77 (2011), stated that the Smith framework applied to an award of attorney fees under MCL 500.3148(1) of the no-fault act when a plaintiff seeks recovery for attorney fees on an hourly (as compared to a contingent fee) basis. 9 Further, in several unpublished decisions, this Court has applied the Smith framework to other fee-shifting statutes and in other situations.

2015And, although it did so in dicta, the panel in Augustine v Allstate Ins Co, 292 Mich App 408, 429, 434-436 ; 807 NW2d 77 (2011), stated that the Smith framework applied to an award of attorney fees under MCL 500.3148(1) of the no-fault act when a plaintiff seeks recovery for attorney fees on an hourly (as compared to a contingent fee) basis. 9 Further, in several unpublished decisions, this Court has applied the Smith framework to other fee-shifting statutes and in other situations.

13
Danny Burton v. State of Michigangreen
michctapp · 2022 · cited in 1 Michigan opinions naming this issue, 2025–2025
2 sentences

2025See Burton v State, 340 Mich App 633 , 649; 987 NW2d 879 (2022) (courts “may not award attorney fees . . .solely on the basis of what it perceives to be fair or on equitable principles.”) (quotation marks and citation omitted). -8-

2025See Burton v State, 340 Mich App 633 , 649; 987 NW2d 879 (2022) (courts “may not award attorney fees . . .solely on the basis of what it perceives to be fair or on equitable principles.”) (quotation marks and citation omitted). -8-

11
In Re Kostin Estategreen
michctapp · 2008 · cited in 1 Michigan opinions naming this issue, 2023–2023
1 sentence

2023See In re Kostin, 278 Mich App at 51 .

11
Juarez v. Holbrookgreen
mich · 2009 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015Notably, a few of the justices were critical of their colleagues in Juarez v Holbrook, 483 Mich 970 (2009), for failing to remand the case for reconsideration in light of Smith .

2015Notably, a few of the justices were critical of their colleagues in Juarez v Holbrook, 483 Mich 970 (2009), for failing to remand the case for reconsideration in light of Smith .

11
Adair v. Michigangreen
michctapp · 2012 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015For instance, in Adair v Michigan (On Third Remand), 298 Mich App 383, 390 ; 827 NW2d 740 (2012), overruled in part on other grounds 494 Mich 852 (2013), a panel of this Court applied the Smith framework to a Headlee Amendment case.

2015For instance, in Adair v Michigan (On Third Remand), 298 Mich App 383, 390 ; 827 NW2d 740 (2012), overruled in part on other grounds 494 Mich 852 (2013), a panel of this Court applied the Smith framework to a Headlee Amendment case.

11
Smith v. Doegreen
scotus · 2003 · cited in 1 Michigan opinions naming this issue, 2012–2012
1 sentence

2012Smith, 538 US at 92 (“If the intention of the legislature was to impose punishment, that ends the inquiry.”).

11
People v. Allengreen
mich · 1988 · cited in 1 Michigan opinions naming this issue, 1988–1988
11
Galli v. Kirkebygreen
mich · 1976 · cited in 1 Michigan opinions naming this issue, 1987–1987
11
Ross v. Consumers Power Co.yellow
mich · 1985 · cited in 1 Michigan opinions naming this issue, 1987–1987
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (35)

CaseCitedYears
Kennedy v. Robert Lee Auto Sales green
michctapp · 2015
2 sentences

2022It is unlike, for example, MCL 15.271(4) of the Open Meetings Act (OMA), MCL 15.261 et seq., which provides that a successful OMA plaintiff is entitled to “court costs and actual attorney fees.” We have regularly applied the Pirgu framework, or its predecessor Smith framework, to statutes that refer to “reasonable attorney fees.” For example, in Cadwell v City of Highland Park, 324 Mich App 642, 655 ; 922 NW2d 639 (2018), we applied the Pirgu framework to MCL 15.364 of the Whistleblowers’ Protection Act, MCL 15.361 et seq., which provides that “[a] court may also award the complainant all or a

2022It is unlike, for example, MCL 15.271(4) of the Open Meetings Act (OMA), MCL 15.261 et seq., which provides that a successful OMA plaintiff is entitled to “court costs and actual attorney fees.” We have regularly applied the Pirgu framework, or its predecessor Smith framework, to statutes that refer to “reasonable attorney fees.” For example, in Cadwell v City of Highland Park, 324 Mich App 642, 655 ; 922 NW2d 639 (2018), we applied the Pirgu framework to MCL 15.364 of the Whistleblowers’ Protection Act, MCL 15.361 et seq., which provides that “[a] court may also award the complainant all or a

52019–2022
Mika Powers v. Kelly Ray Brown green
michctapp · 2019
2 sentences

2022It is unlike, for example, MCL 15.271(4) of the Open Meetings Act (OMA), MCL 15.261 et seq., which provides that a successful OMA plaintiff is entitled to “court costs and actual attorney fees.” We have regularly applied the Pirgu framework, or its predecessor Smith framework, to statutes that refer to “reasonable attorney fees.” For example, in Cadwell v City of Highland Park, 324 Mich App 642, 655 ; 922 NW2d 639 (2018), we applied the Pirgu framework to MCL 15.364 of the Whistleblowers’ Protection Act, MCL 15.361 et seq., which provides that “[a] court may also award the complainant all or a

2022It is unlike, for example, MCL 15.271(4) of the Open Meetings Act (OMA), MCL 15.261 et seq., which provides that a successful OMA plaintiff is entitled to “court costs and actual attorney fees.” We have regularly applied the Pirgu framework, or its predecessor Smith framework, to statutes that refer to “reasonable attorney fees.” For example, in Cadwell v City of Highland Park, 324 Mich App 642, 655 ; 922 NW2d 639 (2018), we applied the Pirgu framework to MCL 15.364 of the Whistleblowers’ Protection Act, MCL 15.361 et seq., which provides that “[a] court may also award the complainant all or a

32020–2022
Theodore Cadwell v. City of Highland Park green
michctapp · 2018
2 sentences

2022It is unlike, for example, MCL 15.271(4) of the Open Meetings Act (OMA), MCL 15.261 et seq., which provides that a successful OMA plaintiff is entitled to “court costs and actual attorney fees.” We have regularly applied the Pirgu framework, or its predecessor Smith framework, to statutes that refer to “reasonable attorney fees.” For example, in Cadwell v City of Highland Park, 324 Mich App 642, 655 ; 922 NW2d 639 (2018), we applied the Pirgu framework to MCL 15.364 of the Whistleblowers’ Protection Act, MCL 15.361 et seq., which provides that “[a] court may also award the complainant all or a

2022It is unlike, for example, MCL 15.271(4) of the Open Meetings Act (OMA), MCL 15.261 et seq., which provides that a successful OMA plaintiff is entitled to “court costs and actual attorney fees.” We have regularly applied the Pirgu framework, or its predecessor Smith framework, to statutes that refer to “reasonable attorney fees.” For example, in Cadwell v City of Highland Park, 324 Mich App 642, 655 ; 922 NW2d 639 (2018), we applied the Pirgu framework to MCL 15.364 of the Whistleblowers’ Protection Act, MCL 15.361 et seq., which provides that “[a] court may also award the complainant all or a

32019–2022
University Rehabilitation Alliance, Inc. v. Farm Bureau General Insurance red
michctapp · 2008
2 sentences

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

32014–2016
Pioneer State Mutual Insurance Company v. Stephen a Michalek green
michctapp · 2019
2 sentences

2022We acknowledge that MCL 691.1755(2)(c) refers to “[r]easonable attorney fees” that are “incurred,” thereby arguably signaling that any fees that are actually incurred by a successful WICA plaintiff are recoverable, assuming that the fees are “reasonable.” However, we have applied the Pirgu framework to the previous version of MCR 2.114(E),10 which provided that the trial court may order a party to pay “the amount of the reasonable expenses incurred because of the filing of the [frivolous] document, including reasonable attorney fees.” See Pioneer State Mut Ins Co v Michalek, 330 Mich App 138 ,

2022We acknowledge that MCL 691.1755(2)(c) refers to “[r]easonable attorney fees” that are “incurred,” thereby arguably signaling that any fees that are actually incurred by a successful WICA plaintiff are recoverable, assuming that the fees are “reasonable.” However, we have applied the Pirgu framework to the previous version of MCR 2.114(E),10 which provided that the trial court may order a party to pay “the amount of the reasonable expenses incurred because of the filing of the [frivolous] document, including reasonable attorney fees.” See Pioneer State Mut Ins Co v Michalek, 330 Mich App 138 ,

22022–2022
John Does v. Richard Snyder green
ca6 · 2016
2 sentences

2018Defendant urges with respect to this second prong of the Smith test that this Court adopt the reasoning of the Sixth Circuit Court of Appeals in Snyder , 834 F.3d 696 .

2018Defendant urges with respect to this second prong of the Smith test that this Court adopt the reasoning of the Sixth Circuit Court of Appeals in Snyder , 834 F.3d 696 .

22018–2018
People of Michigan v. Stanton Wesley Morrison green
michctapp · 2019
1 sentence

2026As we have explained, “to consider evidence presented on appeal that the parties failed to present to the trial court would be an impermissible expansion of the lower-court record.” People v Morrison, 328 Mich App 647 , 655; 939 NW2d 728 (2019), citing MCR 7.210(A).

12026–2026
in the Matter of Ann Marie Moriconi green
michctapp · 2021
1 sentence

2023See MCR 2.613(A); Matter of Moriconi, 337 Mich App 515 , 522; 977 NW2d 583 (2021).

12023–2023
Ford Motor Company v. Department of Treasury green
michctapp · 2015
2 sentences

2019See, e.g., Colbentz v Novi, 485 Mich 961 (2009) (remanding for redetermination of reasonable attorney fees awarded in Freedom of Information Act, MCL 15.231 et seq., proceeding using Smith framework); Cassidy v Cassidy, 318 Mich App 463 , 489-490; 899 NW2d 65 (2017) (applying Smith framework to attorney fees awarded in divorce action); Ford Motor Co v Dep’t of Treasury, 313 Mich App 572, 589-591 ; 884 NW2d 587 (2015) (applying Smith to attorney fees awarded as sanction for asserting a frivolous defense).

2019See, e.g., Colbentz v Novi, 485 Mich 961 (2009) (remanding for redetermination of reasonable attorney fees awarded in Freedom of Information Act, MCL 15.231 et seq., proceeding using Smith framework); Cassidy v Cassidy, 318 Mich App 463 , 489-490; 899 NW2d 65 (2017) (applying Smith framework to attorney fees awarded in divorce action); Ford Motor Co v Dep’t of Treasury, 313 Mich App 572, 589-591 ; 884 NW2d 587 (2015) (applying Smith to attorney fees awarded as sanction for asserting a frivolous defense).

12019–2019
People v. Dobek green
michctapp · 2007
2 sentences

2019A. PROSECUTORIAL ERROR1 “[T]he test for prosecutorial misconduct is whether a defendant was denied a fair and impartial trial.” People v Dobek, 274 Mich App 58, 63 ; 732 NW2d 546 (2007).

2019A. PROSECUTORIAL ERROR1 “[T]he test for prosecutorial misconduct is whether a defendant was denied a fair and impartial trial.” People v Dobek, 274 Mich App 58, 63 ; 732 NW2d 546 (2007).

12019–2019
People v. Payne green
michctapp · 2009
2 sentences

2019Because no evidentiary hearing has yet been held to develop Smith’s claim of ineffective assistance of counsel, “our review is limited to mistakes apparent on the record.” People v Payne, 285 Mich App 181, 188 ; 774 NW2d 714 (2009).

2019Because no evidentiary hearing has yet been held to develop Smith’s claim of ineffective assistance of counsel, “our review is limited to mistakes apparent on the record.” People v Payne, 285 Mich App 181, 188 ; 774 NW2d 714 (2009).

12019–2019
Liss v. Lewiston-Richards, Inc green
mich · 2007
2 sentences

2018And, in Liss v Lewiston Richards, Inc, 478 Mich 203 ; 732 NW2d 514 (2007), the Court added: Applying the Smith test, the relevant inquiry “is whether the general transaction is specifically authorized by law, regardless of whether the specific misconduct alleged is prohibited.” This Court has not construed the meaning of “specifically authorized” under the MCPA.

2018And, in Liss v Lewiston Richards, Inc, 478 Mich 203 ; 732 NW2d 514 (2007), the Court added: Applying the Smith test, the relevant inquiry “is whether the general transaction is specifically authorized by law, regardless of whether the specific misconduct alleged is prohibited.” This Court has not construed the meaning of “specifically authorized” under the MCPA.

12018–2018
Johnson v. Pastoriza green
mich · 2012
2 sentences

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

12016–2016
Driver v. Naini green
mich · 2011
2 sentences

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

12016–2016
People of Michigan v. Stanley G Duncan green
mich · 2013
2 sentences

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

2016Accordingly, we reversed and remanded for a re-determination of the plaintiffs’ reasonable attorney fees using the Smith factors. 34 The answer to Justice Cavanagh’s question of whether the rule applies to other fee-shifting provisions, Smith, 481 Mich at 554-555 (Cavanagh, J., dissenting), must be determined by examining the plain language of the rule or statute at issue in a given case. 35 Driver v Naini, 490 Mich 239, 246-247 ; 802 NW2d 311 (2011). 36 Johnson v Pastoriza, 491 Mich 417, 436 ; 818 NW2d 279 (2012). 37 Duncan, 494 Mich at 723 . 38 We agree with Justice Corrigan’s statement in S

12016–2016
Prins v. Michigan State Police green
michctapp · 2013
2 sentences

2015For instance, in Prins v Mich State Police, 299 Mich App 634, 645 ; 831 NW2d 867 (2013), the panel applied the Smith framework to an award of attorney fees in a FOIA case.

2015For instance, in Prins v Mich State Police, 299 Mich App 634, 645 ; 831 NW2d 867 (2013), the panel applied the Smith framework to an award of attorney fees in a FOIA case.

12015–2015
Silich v. Rongers green
michctapp · 2013
2 sentences

2015In addition, in Silich v Rongers, 302 Mich App 137, 149-150 ; 840 NW2d 1 (2013), the panel cited to Smith in a case involving an award of attorney fees under MCR 3.403(C), a court rule that pertains to the sale of premises and the division of proceeds as a substitute for partition.

2015In addition, in Silich v Rongers, 302 Mich App 137, 149-150 ; 840 NW2d 1 (2013), the panel cited to Smith in a case involving an award of attorney fees under MCR 3.403(C), a court rule that pertains to the sale of premises and the division of proceeds as a substitute for partition.

12015–2015
Jordan v. Transnational Motors, Inc green
michctapp · 1995
2 sentences

2015“One of the purposes behind both the [MMWA] and the MCPA is to provide, via an award of attorney fees, a means for consumers to protect their rights and obtain judgments where otherwise prohibited by monetary constraints.” Jordan v Transnational Motors, Inc, 212 Mich App 94, 97-98 ; 537 NW2d 471 (1995).

2015“One of the purposes behind both the [MMWA] and the MCPA is to provide, via an award of attorney fees, a means for consumers to protect their rights and obtain judgments where otherwise prohibited by monetary constraints.” Jordan v Transnational Motors, Inc, 212 Mich App 94, 97-98 ; 537 NW2d 471 (1995).

12015–2015
Riemer v. Johnson green
michctapp · 2015
2 sentences

2015More recently, in Riemer v Johnson, 311 Mich App 632, 656-657 ; 876 NW2d 279 (2015), this Court declined to apply Smith to an award of attorney fees under MCR 3.206(C)(2)(a), which concerns domestic relations actions.

2015More recently, in Riemer v Johnson, 311 Mich App 632, 656-657 ; 876 NW2d 279 (2015), this Court declined to apply Smith to an award of attorney fees under MCR 3.206(C)(2)(a), which concerns domestic relations actions.

12015–2015
Smolen v. Dahlmann Apartments, Ltd green
michctapp · 1990
2 sentences

2015In reaching the conclusion that the Smith framework should apply to this and other fee-shifting statutes and court rules, we are also swayed by the pronouncement of the lead opinion in Smith, 481 Mich at 530 (opinion by TAYLOR, C.J.), that “our current multi[]factor analysis”—that is, the multifactor analysis of the Wood factors and the factors in MRPC 1.5(a) used to evaluate reasonableness in attorney-fee cases—“needs some fine-tuning.” The lead opinion did not cite anything pertaining to an award of attorney fees under MCR 2.403—the court rule under which fees were authorized in Smith— when

2015In reaching the conclusion that the Smith framework should apply to this and other fee-shifting statutes and court rules, we are also swayed by the pronouncement of the lead opinion in Smith, 481 Mich at 530 (opinion by TAYLOR, C.J.), that “our current multi[]factor analysis”—that is, the multifactor analysis of the Wood factors and the factors in MRPC 1.5(a) used to evaluate reasonableness in attorney-fee cases—“needs some fine-tuning.” The lead opinion did not cite anything pertaining to an award of attorney fees under MCR 2.403—the court rule under which fees were authorized in Smith— when

12015–2015
Carr v. City of Lansing green
michctapp · 2004
2 sentences

2014Carr, 259 Mich App at 383 - 384.

2014Carr, 259 Mich App at 383 - 384.

12014–2014
In Re Forfeiture of $180,975.00 neutral
mich · 2006
12007–2007
Various Items of Personal Property v. United States green
scotus · 1931
12007–2007
Kitchen v. Kitchen green
mich · 2002
12007–2007
People v. United States Currency neutral
michctapp · 1986
12007–2007
Smith v. Globe Life Insurance green
mich · 1999
12007–2007
People v. Burrell green
mich · 1983
12007–2007
United States v. Janis green
scotus · 1976
12007–2007
Marlin v. City of Detroit green
michctapp · 1994
11998–1998
Meyer v. Nebraska green
scotus · 1923
11993–1993
People v. Woodruff green
mich · 1982
11991–1991
People v. Loney yellow
michctapp · 1968
11991–1991
Michigan v. Tucker green
scotus · 1974
11988–1988
People v. Thomas neutral
michctapp · 1974
11988–1988
McCann v. Michigan green
mich · 1976
11987–1987

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 500.3148 (11) MI § Mich. Comp. Laws § 445.901 (6) MI § Mich. Comp. Laws § 600.2919a (6) MI § Mich. Comp. Laws § 600.2591 (5) MI § Mich. Comp. Laws § 445.911 (4) MI § Mich. Comp. Laws § 750.520c (4) MI § Mich. Comp. Laws § 15.361 (3) MI § Mich. Comp. Laws § 15.364 (3) MI § Mich. Comp. Laws § 213.66 (3) MI § Mich. Comp. Laws § 691.1301 (3) MI § Mich. Comp. Laws § 691.1303 (3) MI § Mich. Comp. Laws § 750.227b (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 127 (1934–2026) GA 109 (1969–2026) OH 104 (1968–2026) CA 101 (1895–2026) PA 81 (1899–2026) FL 67 (1966–2026) IL 65 (1976–2026) MS 61 (1980–2025) IN 59 (1972–2024) WA 52 (1971–2025) MI 41 (1987–2026) AL 40 (1879–2024) NY 37 (1858–2026) IA 32 (1992–2026) MO 29 (1935–2024) KS 27 (1928–2026) MD 25 (1965–2023) ID 25 (1972–2026) DC 25 (1983–2024) AZ 24 (1988–2026) SC 24 (1992–2026) LA 23 (1972–2026) WI 23 (1958–2025) UT 23 (1988–2026) AR 21 (1995–2026) DE 20 (1997–2026) KY 18 (1951–2025) VA 18 (1984–2025) NC 17 (1976–2025) TN 17 (2002–2025) MT 14 (1981–2026) CT 12 (1986–2019) NE 11 (1985–2023) ME 11 (1983–2024) MN 11 (1984–2026) CO 10 (1985–2025) OR 10 (1926–2026) MA 10 (1973–2026) OK 9 (1982–2014) AK 9 (1987–2021) NJ 9 (1955–2022) NM 8 (1938–2020) NV 7 (1964–2014) WY 6 (1996–2021) VT 6 (1989–2020) WV 6 (2004–2020) SD 5 (1994–2014) HI 5 (2002–2020) VI 4 (2009–2017) RI 3 (1975–2021) ND 2 (1990–2008) NH 2 (1994–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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